教師法草案定義未清 上街抗議、批評政策恐成解聘因素 | Teachers’ Act draft bill sparks controversy

立法院於4月15日召開教育及文化委員會,針對行政院版《教師法》草案進行備質詢。草案內容對教師解聘認定模糊,其中「有損教師尊嚴」一條恐有人為認定空間,立委柯志恩表示,是否批評教育政策、上街陳抗都可能成為解聘因素,是過度要求教師道德,且稍微觸法就可能構成解聘,對教師並不公平。

TAIPEI (The China Post) – The Education and Culture Committee under the Legislature (Legislative Yuan) reviewed on April 15 the Teachers’ Act draft bill, whose article regarding the dismissal of national teacher sparked controversy. During the interpellation session, KMT Legislator Ko Chih-en (柯志恩) warned that it would be unfair for teachers to face the risk of being dismissed if they criticize the Ministry of Education or join a protest.

立委柯志恩於質詢時表示,本次提出的行政院版《教師法》草案與教育部長潘文忠初任部長時提出的版本相去甚遠,故讓許多教師團體不能接受,以至於今年三月初公佈時,馬上有執政黨立委跳出來解釋表示只審定不適任教師部分,如果政院版本真有如此完美,不會馬上有人出面緩頰。

Ko said that the draft law proposed by the Executive Yuan is a far cry from the version proposed by Minister of Education Pan Wen-chung (潘文忠). When the bill was announced in early March, many DPP legislators came out to support the law, saying that it would only apply to those who are unqualified. “If there is no issue with the law; they wouldn’t come out to provide so many explanations,” said Ko.

柯志恩指出,草案中提到「行為違反法規,且違反教師專業倫理、學術倫理或損害教師職務之尊嚴,經學校查證屬實,有解聘之必要。」但何謂「有損教師尊嚴」並無明確規範,也讓所有基層老師非常恐慌。

Ko also pointed out that any teacher who is proved to have violated professional ethics, academic ethics, or stained the dignity of the position, could be dismissed without further notice according to the bill. Still, regulations aren’t clear, which many teachers find extremely worrisome as they could potentially be fired at will.

此外,草案中也提到,研擬處理不適任教師案時,將教評會中教師代表從目前之「不得少於二分之一」擬降於「少於二分之一」,並改增聘外部人員。

Also, when assessing the qualifications of teachers, the recommendations of teacher representatives in the evaluation committee account to less than 50 percent in the final decision. External staff could also be invited to participate in the decision process which teachers believe is unacceptable.